STIPULATION FOR DISMISSAL OF ENTIRE ACTION PURSUANT TO SETTLEMENT AND ORDER THEREON

MICHAEL J. SENG, Magistrate Judge.

The parties herein, AVCON CONSTRUCTORS, INC., formerly known as FRONTIER CONTRACTING, INC. ("AVCON" OF "FRONTIER"), ALLEN ENGINEERING CONTRACTING, INC. ("ALLEN"), SAFECO INSURANCE COMPANY OF AMERICA ("SAFECO"), and LIBERTY MUTUAL INSURANCE COMPANY ("LIBERTY"), by and through their respective counsel submit the following stipulate to dismissal with prejudice of this entire action pursuant to Fed. R. Civ. P. 41(a), and subject to the terms and conditions of the parties' written Settlement Agreement, and the following recitals:

RECITALS

WHEREAS, on or about September 20, 2011, AVCON commenced an action in the United States District Court for the Eastern District of California captioned Frontier Contracting, Inc., United States Government v. Allen Engineering Contractor, Inc., Safeco Insurance Company of America, Vigilant Insurance Company, case number 1:11-CV-01590-LJO-DLB (the "Action");

WHEREAS, on or about October 6, 2011, AVCON filed an amended complaint for damages against ALLEN, SAFECO and Vigilant Insurance Company in the Action;

WHEREAS, on or about November 18, 2011, AVCON filed a second amended complaint for damages against ALLEN, SAFECO and LIBERTY in the Action;

WHEREAS, on or about March 5, 2012, ALLEN filed a counterclaim for damages against AVCON in the Action;

WHEREAS, on or about May 22, 2012, ALLEN filed an amended counterclaim for damages against AVCON in the Action;

WHEREAS, the Parties deny any responsibility and/or liability to each other regarding the allegations in the Action;

WHEREAS, on March 4, 2015, the parties participated in a settlement conference, during which the parties reached a settlement agreement to avoid the expense and burden of further dispute and current and future litigation, and for the other considerations;

WHEREAS, the agreement was subsequently reduced to writing and executed by all parties and their respective counsel.

STIPULATION

The parties herein, by and through their respective counsel hereby stipulate to dismissal with prejudice of this entire action pursuant to Fed. R. Civ. P. 41(a), and subject to the terms and conditions of the parties' Settlement Agreement. The Court is respectfully asked to retain jurisdiction to enforce the Settlement Agreement in this action.

Each Party shall bear its own respective costs, expenses, and fees, including without limitation, attorney's fees and costs, consultant and/or expert fees, arising out of and/or related to the Action, except as set forth in the executed settlement agreement.

ORDER

Good cause appearing, the above STIPULATION FOR DISMISSAL OF ENTIRE ACTION PURSUANT TO SETTLEMENT AND ORDER THEREON in Case No.: 1:11-CV-01590-MJS, is accepted. The action shall be dismissed, although the Court will retain jurisdiction to enforce the terms of the settlement if and as appropriate.

IT IS SO ORDERED.